Can Employees Take Maternity Leave More Than Once with the Same Company? Seeking Clarification

Greetings to All! I am in need of clarification on Maternity Benefit. One of our female employees has already availed the benefit of maternity leave in our company 2 years back, and now she will be going on maternity leave next month onwards.

Question on Maternity Leave Benefits

My question is: Can an employee claim the benefit of maternity leave more than once during her term of employment with a company, or is there any clause specifying a limited number of times it can be availed during her employment with the present company?

Kindly clarify.

Regards,
Nisha

Maternity Leave Entitlement

The Maternity Benefit Act is silent about the number of times maternity leave can be taken; therefore, it should be presumed that one can avail of maternity leave any number of times. We should also remember that just for the sake of availing maternity leave of 84 days or just to make an employer suffer due to her leave for such a number of days, no woman employee will get pregnant.

Regards,
Madhu.T.K

The Maternity Act does not specify or limit the number of times a woman can avail such benefits. However, when you read it alongside the medical insurance rules, they provide coverage only for two children. Since the act is ambiguous, we can make a presumption. This needs to be deliberated as it can be challenged by the employee.

Regards,
Murali

Dear Sirs, No maximum limit is fixed in the Maternity Benefit Act for availing the maternity benefit under the Act. I am extracting below a portion of the Judgment dated 9.6.2008 of the Honourable Madras High Court in W.P. Nos. 13500 and 13501 of 1998.

"There is no provision under the M.B. Act fixing any ceiling on the number of deliveries made by a female worker. So long as Article 42 of the Constitution read with the provisions of the M.B. Act is available, every female worker covered by the Act is entitled to claim maternity benefits without any ceiling on the number of deliveries made by them. That will be the correct interpretation which will be in tune with the judgment of the Supreme Court rendered in B. Shah's case (cited supra)."

Maternity Benefit Leave: A Fundamental Right

Maternity benefit leave is not just considered a legal right but also one of the most important human rights (international human rights also recognize this as a natural right). Hence, no law can prevent a person from availing of such leave.

The employer has the responsibility to ensure that she gets the leave when needed.